Terms of service

OVERVIEW

Welcome to Livia! The terms “we”, “us” and “our” refer to Livia. Livia operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Livia is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, available here: https://liviaus.com/policies/privacy-policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all account activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Livia reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Livia confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Livia may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy: https://liviaus.com/policies/refund-policy

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs duties or import charges.

Prices posted in our online store may differ from prices offered elsewhere. We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You represent and warrant that: (i) the credit card information you provide is true, correct and complete; (ii) you are duly authorized to use such payment method; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay all charges incurred at the posted prices, including shipping charges and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, weather conditions, or events outside our control.

Once products are transferred to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, logos, videos, audio, and the design and arrangement thereof, are owned by Livia, its affiliates or licensors and are protected by United States and international intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit any material from the Services without prior written consent from Livia.

All rights not expressly granted herein are reserved by Livia.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor control.

You acknowledge and agree that such tools are provided “as is” and “as available” without warranties or representations of any kind.

Your use of optional third-party tools is entirely at your own risk and discretion.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available through our Services may include materials from third parties.

Third-party links on this website may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party websites and we do not warrant or assume any liability for any third-party materials, websites, products or services.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Livia is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Livia.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Livia, including any injury, damage, or loss resulting from purchased products or services.

You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Livia.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: https://liviaus.com/policies/privacy-policy

Certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services.

Review our Privacy Policy for more details on how we, Shopify and our partners use your personal information: https://liviaus.com/policies/privacy-policy

SECTION 11 - FEEDBACK

If you submit reviews, suggestions, ideas, feedback or other content (“Feedback”), you grant Livia a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish and distribute such Feedback in any medium.

You represent and warrant that: (i) you own or control all rights to the Feedback; (ii) your Feedback does not violate any law or third-party rights; and (iii) your Feedback does not contain unlawful, abusive or obscene material.

We reserve the right to remove any Feedback that violates these Terms.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability.

We reserve the right to correct any errors, inaccuracies or omissions and to update or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 13 - PROHIBITED USES

You may not use the Services for unlawful purposes, to violate any laws or regulations, to infringe upon intellectual property rights, to harass or harm others, to upload malicious code, to collect personal information of others, or to spam, phish, scrape or interfere with security features of the Services.

We reserve the right to terminate your use of the Services for violating any prohibited uses.

SECTION 14 - TERMINATION

We may terminate this agreement or suspend access to the Services at any time without notice if you violate these Terms.

Any obligations or liabilities incurred prior to termination shall survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The Services and all products offered through the Services are provided “as is” and “as available” without warranties of any kind, either express or implied.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

To the fullest extent permitted by law, Livia disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Livia, Gogava Media LLC, our affiliates, directors, officers, employees, contractors and service providers shall not be liable for any indirect, incidental, punitive, special or consequential damages arising from your use of the Services or products purchased through the Services.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Livia, Gogava Media LLC, Shopify and our affiliates, officers, directors, employees and service providers from any claim or demand arising out of your breach of these Terms or your violation of any law or rights of a third party.

SECTION 18 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

These Terms of Service and any policies posted on this website constitute the entire agreement between you and Livia regarding your use of the Services.

Any failure by us to enforce any provision of these Terms shall not constitute a waiver of such provision.